1. In the corruption trial, Judge Augustine Paul allowed the prosecution to amend the charges such that DSAI was alleged to have abused his power to protect himself from “embarrassment” rather than “criminal action or proceedings” and refer to the “allegations” against him. The change in wording meant that the prosecution did not have to prove the truth of the allegations made by Ummi and Azizan.
2. Evidence, i.e. the mattress, was expunged from the court record and as a result the defense was not permitted to challenge the evidence. It should be noted that the government chemist had cautioned that the forensic evidence was not conclusive, “DNA should not be the sole foundation for finding a person guilty”.
3. Criminal Investigations officer Mohamad Rodwan Yusuf said he could not guarantee that the mattress had not been tampered with. No photographs were taken when it was seized and it was kept for four months before being sent for testing. Furthermore, police had no records of who had access to the mattress during that period.
4. Judge Augustine Paul ruled the defense of political conspiracy as irrelevant. In the 2001 Federal Court hearing of the appeal of lawyer Zainur Zakaria ‘s contempt of court case, the judges were manifestly displeased with this ruling and commented that the defense had the right to choose its line of defense as it saw fit, and was entitled to call witnesses as it deemed necessary without interference.
5. The defense team was harassed during the course of the trial; defense lawyer Zainur bin Zakaria was held in contempt of court and sentenced to three month imprisonment. This judgment was later overturned by the Federal Court with severe reprimand of the judge in June 2001, with one of the judges describing Judge Augustine Paul as “more like acting as counsel for the prosecution”.
6. Police officers searched the offices of another member of the defense team, Pawancheek Merican, on 3rd Dec 1998, on the pretext that documents were reported missing by DPP Azahar, who did not give the police reason to suspect the defense team.
To be continued…
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Belly revolutionaries bite their fingers!
The rehash of the whole affair is necessary as to remind the faint heart and the many turn coats that justice above all is the mainstay of opposing the state and the fact that justice was never served but continues to be the actual vehicle which the gomen approaches every thing and everyone offers no reasonable excuse talks or corporation. The betrayal and treachery which compels us in the name of moving on, Malay unity Muslim unity political and personal differences are inexcusable and insults the integrity of others whilst it remonstrates the fickle minds which dared this obnoxious and rude behavior of the state apparatus.